[HISTORY: Adopted by the Town Board of the Town of Rush 2-12-1980
by L.L. No. 1-1980. Amendments noted where applicable.]
This chapter shall be known as the "Town of Rush Parks Law."
The rules and regulations set forth herein shall apply to and be in
effect in all parks under the control, supervision and jurisdiction of the
Town of Rush.
Park facilities of the Town of Rush can only be used successfully if
subject to reasonable controls to insure safety of the public therein. In
order to promote good order and encourage use of the facilities, the Town
of Rush has adopted this chapter to regulate conduct within parks of the Town.
The following terms shall have the meanings indicated in this section:
The standing of any vehicle whether occupied or not other than temporarily
or which actively engaged in loading or unloading or while standing in obedience
to traffic regulations or traffic signals.
The grounds, buildings thereon, water therein, and any other property
necessary for the operation thereof; and constituting any part thereof, which
are now or may hereafter be owned, maintained, operated and controlled by
the Town of Rush for public park purposes.
Any individual, firm, partnership, corporation or association of
persons; and the singular number shall include the plural.
Every device in, upon, or by which a person or property is or may
be transported or drawn.
The following acts are prohibited within town parks and no person shall:
A.
Disturb the peace and good order.
B.
Beg, hawk, peddle or solicit.
C.
Engage in gambling.
D.
Have or carry any dangerous weapons.
E.
Use obscene, profane or abusive language.
F.
Loiter in or near rest room buildings.
G.
Carry, fire or discharge any firearm.
H.
Carry or use any fireworks of any description.
I.
Use any bow or arrow.
J.
Remove or mutilate park vegetation.
K.
Write, paint, carve on or damage in any way any tree,
park structure, park equipment on sign.
L.
Kill, injure, hunt, trap or in any way molest or harm
fish, birds or animals.
M.
Bring into, leave behind or dump any material of any
kind in a park except the refuse, ashes, garbage and other material caused
by a picnic, camp or other permitted activity and such material shall be deposited
in receptacles for such purpose.
N.
Discharge into any stream any matter or thing, either
liquid or solid, which may result in the pollution of said stream or interfere
with the conservation of the natural resources of a park, or endanger the
health of visitors.
O.
Play or practice golf anywhere except in an area designated
for that purpose.
P.
Ride or lead a horse anywhere except on a bridle trail.
Q.
Appear in a state of nudity, or commit, perform or engage
in any lewd, lascivious, obscene or indecent act or behavior.
R.
Fail or refuse to comply with any order relating to the
regulations, direction or control of traffic.
S.
Operate a vehicle in a reckless manner or without due
regard for the safety and the rights of pedestrians and drivers and occupants
of all other vehicles or while under the influence of intoxicating liquor,
narcotic drugs or opiates.
T.
Operate a vehicle anywhere except for the proper drives
and parking areas or permit the same to stand upon the drives or any part
thereof so as to congest traffic or obstruct the drive. Footpaths or bicycle
paths shall not be used for vehicular traffic.
U.
Operate a vehicle at a speed exceeding 10 miles per hour,
unless otherwise posted.
V.
Use or shine spotlights, or unnecessarily or continuously
shine automobile headlights into park lands, except under the direction of
a police officer or park employee, or except where necessary for the preservation
of life or property.
W.
Bring into, or keep in a park, any dog, cat, or other
animal, except that dogs or cats are permitted if held in control by a leash
or otherwise.
X.
Conduct himself in such manner as to endanger the life,
limb or property or be offensive or injurious to the morals of any person
frequenting the park.
[Amended 7-9-1997 by L.L. No. 3-1997]
Any person using a Town park shall comply with the following regulations:
A.
No person shall be, remain, stop, or park within the confines of any town park between the hours of sunset and 7:00 a.m. prevailing local time in the Town of Rush or such other times as may be posted, except in an emergency or with a permit, issued pursuant to the provisions of § 83-7. In case of an emergency or when, in the judgment of the Town Board, the public interest demands it, any portion of a park may be closed to the public or to designated persons until permission is given to reopen.
B.
Riders of bicycles and snow vehicles shall comply with
the rules for the regulation of other vehicles as set forth above. In addition,
no person shall ride a bicycle or snow vehicle upon the lawns, walks or foot
trails of parks unless designated for such vehicles.[1]
C.
No person shall picnic or cook in any area not designated
for that purpose or make or kindle any fire except in places provided therefor,
and then, subject to such regulations as may be prescribed.
D.
The consumption of beer and other alcoholic beverages is permitted only with a special permit, issued pursuant to the provisions of § 83-7.
E.
No person shall engage in potentially dangerous games
involving thrown or propelled, objects, such as footballs, baseballs, horseshoes,
golf balls, or similar objects, except in areas designated for such usage
and then only subject to such rules as may be prescribed. All games of any
description must be conducted in a safe and orderly manner and no rough or
boisterous practices will be allowed.
F.
No person shall commit any of the following acts within
said parks without written permit of the Town Board or some person duly authorized
to act for it:
(1)
Post or display any sign, banner or advertisement of
any kind or keep or offer any article for sale.
(2)
Hold any public meeting or engage in any marching, drilling,
or driving as members of a military, political or other organization; use
any loudspeaker or other sound-amplifying equipment.
(3)
Camp overnight.
(4)
Conduct any group picnic or activity for more than 50
persons who are not members of an immediate family.
A.
Any permit required by this chapter shall be issued at
the Town offices during regular office hours. Application shall be made on
forms furnished by the Town at least 15 days prior to the date requested.
B.
Upon issuance of a permit, the applicant must sign an
agreement to be responsible for all damages to any park or park facilities
and to indemnify the Town for such damages and shall pay the permit fee established
by the Town Board.
C.
All permits must be picked up at the Town offices during
regular office hours prior to use of park area.
D.
All permits issued shall be in writing by the Board or
by its duly authorized agent, and are subject to park rules and regulations.
Any violation of any term or condition thereof or any law or ordinance or
rules or regulations governing the parks shall constitute grounds for revocation
of said permit. No permit for the same purpose shall be issued to a person
whose permit has been revoked during the year in which such revocation is
made.
E.
The above permit procedures, or any of them, may be waived by
the Director of the Recreation, Youth and Parks Commission, in said Director's
discretion.
[Amended 7-9-1997 by L.L.
No. 3-1997]
No parent, guardian, or custodian of any minor shall permit or allow
him or her to do any act which would constitute a violation of this chapter.
A.
Nonobservance of this chapter shall constitute a violation.
Such violation is punishable by imprisonment for not more than 15 days, or
by a fine not exceeding $250, or both, for each offense, or by a penalty not
exceeding $250 for each offense. Each instance of nonobservance of this chapter
shall constitute a separate offense.[1]
C.
Any peace officer may, without a warrant, arrest any
offender whom he may detect in the violation of any of the provisions of the
above sections, and take the person so arrested before a Magistrate having
competent jurisdiction, and he shall have at all times the right to enter
the premises of any building, structure or enclosure in any park, for the
purpose of arresting violators hereof, and may use all necessary means to
attain that end.
D.
Any peace officer may eject from any park any person
acting in violation of this chapter.
This chapter shall be interpreted in such a way, wherever possible,
that the meaning of the words and phrases and sections herein shall make them
valid and legal in their effect.
